Tobi Soniyi in Abuja
An Abuja High Court has refused the bail application of the former deputy governor of Osun state, Iyiola Omisore, presently in the custody of the Economic and Financial Crimes Commission (EFCC).
Justice Olukayode Adeniyi said while ruling on the former deputy governor’s bail application that the application for bail was premature and incompetent.
Justice Adeniyi asked Omisore to await the expiration of the 14-day remand order granted by a court of coordinate jurisdiction before excercising his right to bail.
The judge held that any attempt to grant the bail application of the applicant would amount to vacating a subsisting order made by the same court.
The judge said counsel to Omisore failed to convince the court of its power under the law to upturn its own order and sit as an appellate court on its own order.
He said provisions of sections 293, 294 and 296 of the Administration of Criminal Justice Act was also clear and makes it lawful for the EFCC to detail a suspect for the initial 14 days and another 14 days if circumstances warrant.
In the instant case, the court lacks jurisdiction to set aside the order it made for the remand of the Senator or vary the bail condition granted him by the EFCC and that the Apllicant ought to appeal against the ruling instead of asking for reversal of its own order.
“Having considered the totality of submissions of counsel in this matter, it has been established that there is a reasonable cause to remand the applicant in the custody in line with the provisions of the law.
“At any rate, there is no provision for entertainment of any application for bail, when the remand order issued by the court subsist. In order word, the 14 day remand order granted by the court is to run its full course”, the Judge held.
Adeniyi admitted that the court had power to admit a suspect on bail when sufficient reasons were aduced but the court must be guided by law as in the instant case.
Omisore had asked the court to grant him bail pending the determination of his motion on notice filed against the anti-graft agency.
Omisore who was the chairman, Senate committee on appropriation claimed that EFCC had detained him beyond the period allowed in law.
In the suit instituted by his counsel, Chris Uche (SAN) for the enforcement of his fundamental rights, Omisore claimed that his rights was been trampled upon by the EFCC.
In his bail application, Omisore had claimed that he was entitled to bail pending the determination of his suit.
Uche also said the warrant of arrest obtained by EFCC to arrest and detain Omisore was a mere authority.
Uche also argued that the warrant of arrest and the remand was obtained long after the former deputy governor had been in custody.
He said that the remand order could not rob the court of its statutory jurisdiction to entertain application and to exercise jurisdiction in favour of the applicant.
Uche had told the court that Omisore was arrested on July 3rd while the warrant to arrest and detain him was obtained on July 8, a clear five days after his detention without court order.
The applicant counsel cited section 35 of the Constitution which prescribed a maximum of two days to detain a suspect and charge him to court if found to have committed any offence.
He therefore urged the court to admit Omisore to bail pending his arraignment and the court to order his production in court anytime his matter comes up.
